Antonio Bascaró, 80, the nation’s longest serving marijuana prisoner

Antonio (with his daughter Aicha in 2003) has been locked up nearly 35 years for a non-violent, first offense.

Update: Sentence not commuted. Antonio Bascaró was one of the hundreds of colorful characters who enlivened Florida marijuana smuggling scene during the 1970s. He was daring and handsome, a former Cuban naval pilot who participated in Bay of Pigs invasion in 1961.

He wasn’t a kingpin or violent or famous, just a valuable utility man in a group of Cubans who used fishing boats to ferry marijuana between Colombia and Florida when Jimmy Carter was president.

The leader of the enterprise was released in 1994. A legendary marijuana wholesaler who bought all the pot the Cubans could deliver was freed in 1996. Today, everyone involved in this forgotten marijuana smuggling enterprise has been out of prison for many years — except one man.

Meet Antonio E.Bascaró, an 80-year-old grandfather with an unblemished record of good behavior in prison.

He has been locked up since Feb. 21, 1980 — except for 45 days on bond during his 1982 trial — for nothing but marijuana.

No violence. No cocaine. No previous criminal record.

Antonio will enter his 35th year of imprisonment in April. He is scheduled for release June 8, 2019.

He is an unlikely candidate for the title of “The Nation’s Longest Serving Marijuana Prisoner.” The elderly man spends his days in a wheelchair, mostly by himself, reading newspapers and listening to the news in his cell at a federal prison south of Miami.

He is marijuana’s forgotten man.

Antonio hasn’t been mentioned in a U.S. newspaper since 1982. He’s unremarked upon on marijuana-related web sites. Even Beth Curtis, founder of lifeforpot.com and an expert on prisoners serving long marijuana sentences, was amazed that she had not heard of him.

Four weeks ago, Antonio’s youngest daughter, Aicha, sent an unsolicited e-mail to The Clemency Report: “Hello! Can you help me?,” she asked.

Her father’s case seemed too horrible to be true: 35 years in prison for a non-violent, first-time marijuana-only offense? Sadly, research confirmed the story was true — and even more important than his daughter realized.

This elderly Cuban gentleman is making American history. He has been imprisoned longer for marijuana than any person in U.S. history — dead or alive, free or released.

Antonio in younger days with his granddaughter Zoe. She is 19 today.

The previous record was 30 years by a good fellow who ran a giant marijuana operation out of Miami at about the same time as Antonio played a niche role. The old record holder man was released in 2008 and now promotes marijuana legalization to senior citizens.

If Antonio survives until his 2019 release date, he will have been imprisoned 39 years, two months and one day — all for helping supply a product that’s legal in a growing number of states.

His imprisonment is a disgrace to the nation’s legal system. It illustrates why the drug war has diminished respect for the criminal justice system, especially along minorities.

Taxpayers paid for Antonio’s back surgery in July and his glaucoma operation last month. Taxpayers just bought him a wheeled walker this week, so Antonio can try to get up from his wheelchair.

Sign Antonio’s change.org petition!

This old man’s sentence is insane — arbitrary, illogical and just plain wrong. The government has opposed his efforts to be released with a snide and simple response: The sentence may be crazy, but it’s legal.

Antonio’s Orwellian sentence includes such legal absurdities as:

a non-parolable parolable sentence.

a sentence exempt from the Obama administration’s efforts to shorten drug sentences … because he’s been in prison too long.

a sentence that doesn’t qualify for the U.S. Sentencing Commission recent reforms (shortening the drug sentences of 40,000 federal prisoners) because … his sentence is too old to be shortened.

an ineligibility to receive “compassionate release” for elderly prisoners … because the regulations were written in a way that didn’t take into account the existence of a man so old and locked up for so long.

Visit Antonio’s new Facebook page

If Antonio was a violent “new law” offender, he would meet the Bureau of Prisons’ “compassionate release” standard of being 70 years old and having served 30 years. But he is an “old law” offender who didn’t hurt anyone, so, in a legal system that can’t shoot straight, he must remain behind bars. Too old, too harmless, not violent enough to be released.

An ignorant law is no excuse.

Antonio has three wonderful children, successful professionals, who want their father home.

“He disappeared from my life when I was 12 years old,” says Aicha, his youngest daughter, a corporate vice president who lives in Atlanta. “My children barely know him and mostly through photos. They will never know what an amazing grandfather they have.”

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31 Comments

This man is NO threat to anyone. He should be released NOW! Why spent thousands each year to keep an man locked up when he could be in society contributing? He didn’t rob, murder or harm anyone. He dealt with a plant that should be 100% legal anyways. Free Antonio Bascaró and other non violent drug offenders!!

Aicha Bascaro
on November 30, 2014 at 8:45 pm

Thank you Dave. You are right. My father did one wrong thing and 1,000 right ones and as a result I lost him when I was 12 years old. He has been lost in the shuffle of laws and people’s misguided decisions in ways that I will never understand. I just want my dad back.

Susan Krysak
on December 15, 2014 at 3:22 pm

Antonio has been locked up for 35 years for a one time (first time offense) sell of marijuana. He did not hurt anyone or cause harm in anyway. Marijuana has many health benefits. It is useful in the treatment of glaucoma, epileptic seizures, stops cancer, slows the progression of Alzheimer’s, treats autoimmune disorders, and and has at least 20 other health benefits. Our prisons are filled with people who have sold marijuana and this is my question. Why is marijuana not legal, but beer, whiskey, etc. are legal? Why do we have so many people behind bars for doing something that is equal to drinking beer? The only difference is that marijuana has medicinal benefits, while beer and whiskey do not. Eric Holder, please do not let this man die in prison. And I ask our government to please bring about reform to a policy that fills the prisons with people who should never have been placed there.

Crystal
on December 8, 2014 at 11:06 pm

That is so messed up he should be released right knw ..ppl that have raped killed and other cient Crimes including way worse drugs dnt get tht long they make bail after so many years I can’t believe our government is so messed up ..it’s legal in how many states it helps ppl ..for all we knw it’s a cure to some illness government hides a lot from us we dnt have freedom of nothing any more I could fight and rat for hours about this subject

Aicha Bascaro
on December 9, 2014 at 12:51 pm

Yes, Crystal. It has been terrible. I lost my father when I was 12 years old. I can’t tell you how hard that was for my brother, sister and I. All of these years we have only known him through the context of jail. He is a good man who had helped many others through out his life. One mistake cost him EVERYTHING!

I really think he should be given clemency, based on his age and time spent in prison, but you should also be honest about what he was tried and convicted of. He was a principal decision maker in the largest marijuana smuggling operation in Florida, during the late 70’s. He was also convicted of racketeering and was given much larger sentences than his co-conspirators, because of his high ranking inside of the organization. This can be found by reading the court reports online, with a simple Google search. Again, he should be freed but the story is being sugarcoated like he was selling an ounce of weed on a street corner and not a major player in a late 70’s drug smuggling enterprise.

Aicha Bascaro
on December 14, 2014 at 10:29 pm

Not everything that is in court reports is true, and they certainly do not tell the whole story. Dig deeper and you will see.

For example; the confessed (on trial) true leader of the group was set free over 20 years ago even though he was originally given the same sentence as my father. The only reason my father was given such a harsh sentence was because he was the only one that refused to cooperate and turn on his friends.

Also considered that if what he did back then, he was doing today in the State of Washington, he would just be a successful business man taking care of his family. Instead, he has lost so far 34 years of his life.

Matthew
on December 19, 2014 at 12:51 pm

I agree that he should be freed for doing plenty of time, but as with the other poster, you father is serving a sentence for a serious crime. He broke the law. Whether the law is different today does not change what the law was then. And from the looks of it, he wasn’t just selling to the everyday user; he was part of the supplier smuggling from Central America.

I feel there are several misconceptions here. Sure, that your father was not willing to “turn on his friends” may sound noble, but that may also seem that he was hiding, or maybe protecting something else. In addition, smuggling from Central America is not legal in Washington state. For his actions to be a successful business, and only in the last year, he would have to have special permits and a legit business.

I feel you emotions are too wrapped up in this to truly understand your father’s role in the events, and are making excuses. Yes, he’s done enough time. Let him be free.

Matthew is a moron
on March 16, 2015 at 11:25 pm

Matthew, you are a moron. I don’t feel like it’s worth my time trying to convince you of anything, so I just want to let you know that I think you are a moron. I think the majority of people will agree with me here too.

JJ, Thank you for clarifying, I saw no details on this website or the Change.org petition about the reasons he was tried and convicted. No matter what the issue, we should all gather the facts before we comment or act.

There seem too many ignorant people with the power to make decisions here…

Here’s to the light being shined so that they can become aware of their own ignorance and make the right decision….

Aicha Bascaro
on December 14, 2014 at 10:31 pm

Let the light shine!!
Thank you Bob!

Mary Ann
on December 14, 2014 at 2:34 pm

What he did was wrong, but surely he has more than paid for his crime and is not a threat to society.

Aicha Bascaro
on December 14, 2014 at 10:41 pm

Yes Mary. What he did was against the law and he should have been punished for it. I think many of us agree that 34+ years is cruel and unusual.

I think everyday of what I missed out in my life by not having my father around, especially when I needed him the most.

I had my “quinceañera” party and he didn’t dance with me. I graduated from college and he didn’t see me walk on the stage. I got married and he didn’t walk me down the isle. I had three beautiful children and he was not there to experience it with me. Now my children are starting to experience those things and he is not here to enjoy it with us. I can’t explain the sadness that it brings to my heart every day. He is so close and yet…so far.

d Salazar
on December 15, 2014 at 4:55 am

It may have been illegal but was it wrong? And whether it was or not 34 years is a horrible sentence that should only be reserved for rapists, child molesters and mass murderers. And jj Wagner has obviously never been through the justice system, because the actual record always tries to make you look as bad as possible without taking all the aspects of the situation into account. I pray. This man makes it home to spend the last years of his life at home with his family who love him.

Aicha Bascaro
on December 15, 2014 at 6:55 pm

Thank you D. Salazar. You are right. When I compare the horrible crimes of others and the sentences that they received with my father’s crime and his sentence…it just doesn’t make sense.

Michelle M
on December 15, 2014 at 6:28 am

I am so sorry you have lost so much time with your dad. While justice is necessary, it must also include mercy.

I often find comfort in Joel 2:25 when I grieve over lost years.
“I will repay you double
what the swarming locust has eaten”

And so my specific prayer for you and your family is for someone who is involved to come forward with the heart of God to speed up this process.
‘there is no human activity—even in secular affairs—which can be withdrawn from God’s dominion’.

Aicha Bascaro
on December 15, 2014 at 6:58 pm

Thank you Michelle M. I also pray for others in similar situations. My father’s punishment is not unique. There are too many others in similar situation and I feel for those families and children.

This is just a travesty. That anyone should be incarcerated at all for a plant that has literally caused ZERO deaths in all of recorded history is just beyond the bounds of reason, but to incarcerate someone for a much longer sentence than Rapists, Child Molesters and even Murderers is just insane.

We need a common sense approach to our nations drug problem and Prohibition is not a reasoned response to the issue, as bad as some drugs are, the damage prohibition causes is so much worse.

We need to end this failed social policy called the war on drugs and immediately release ALL non violent drug offenders.

I call on to all my fellow law enforcement professionals, active duty or retired to join LEAP (Law Enforcement Against Prohibition http://www.leap.cc) a group I am proud to be a speaker for and start sounding off about these injustices.

The real reefer madness is the number of lives we destroy as a nation over a plant that the very basis for its illegality are due to lies told to ignorant politicians by greedy businessmen (W. Hurst) and corrupt department heads looking for a boost to their departments budget (Anslinger).

Our government over 80 years later is still destroying the lives of its citizens to no gain and for no reason, and that is just pathetic.

Aicha Bascaro
on December 15, 2014 at 11:24 pm

Thank you Anthony.
We do need common sense in our justice system. As an American Citizen I don’t understand what parameters were used to decide these punishments. They just don’t make sense. Change does need to happen.

JoAnn Forsberg
on December 15, 2014 at 2:06 pm

My heart is torn open for your family

As my 60 year old husband, of 40 years, was put in prison for medical marihuana in 2012. Currently serving in Butner NC.

There is no justice in the Federal Court/DEA System. An American is not allowed ANY DEFENSE in a Federal Court.

It is the most outdated… Unjust system in the WORLD!!!

We do not or have use medical marihuana. But in a state where it was legal we LEASED to caregivers, whom did not want to grow in own home.

The DEA labeled my conservative husband. Father, grandfather a DRUG KING PIN!!! Because he leased to six separate caregivers,who all were growing under state law limit.

I have seen the injustice. Seen the horrors of prison.

I am so, so, so sorry they destroyed your father’s life for no reason … See More

Aicha Bascaro
on December 15, 2014 at 11:26 pm

Thank you JoAnn.
I wish you and your husband a prompt reunion.

Tony G
on December 17, 2014 at 10:54 am

I was really saddened and mad to read about this. 34 years in jail for weed? unbelievable. i hope and pray this petition is successful. I am just reading about the Obama policy on Cuba and hope that they consider this as part of the softening of relations.

Alex Gutierrez
on December 17, 2014 at 1:08 pm

This man didn’t do anything wrong and he has nothing to be ashamed about . It’s the broken system that causes the unfortunate situations,that we experience way to often.

lindsay
on December 18, 2014 at 9:18 am

I am outraged and have little hope for the justice system. I cant even believe this. Your family should be compensated for the years without him and he should be as well. The real crime is at thr hands of thr people keeping him in there!!! much love to your dad and your family!

I pray that this petition gains national attention and lands in the right hands for this release to be granted. Granted,he broke the law. But it was non violent, and also a first offender. It makes me sick to read the injustice in this story. Our justice system is a joke! I once heard a saying,”Instead of Justice, it’s Just Us!” How true! There is no justice when it comes to our Federal Government. My brother spent 13 years in a Federal Prison for a smuggling conspiracy. And had no involvement in the crime. So I know firsthand of what they are capable of fabricating. My thoughts and prayers are with you and your family. I pray that by next Christmas your dad will be home with you all. I signed the petition. God Bless!

While I do not think marijuana is harmless, and smuggling is not a victimless crime and a serious offense, it is absolutely ridiculous that he has spent more time in jail than murderers and rapists…. how has he at least not been eligible for release based on good behavior? This is insane.

Aicha Bascaro
on March 7, 2015 at 8:04 pm

Valerie, I agree with you and ask myself the same question every day and I get no answers from anyone.

hughyonn
on January 17, 2015 at 10:48 am

If you can still vote, remove the lunatics from office who continue this nonsense…
We do NOT have to put up with this…

We are witnessing crimes against humanity…Please, let this man go home…

23 states have legalized medical marijuana yet it remains a Schedule I drug under federal law. This conflict in federal and state laws is breaking up families, denying long suffering patients, easy access to medical marijuana, driving patients to drug cartels and other illegal sources for marijuana and costing taxpayers millions of dollars. See http://www.freemattdavies.com or http://www.federal-marijuana-laws.com. Help them get 100K signatures in March 2015.

Karfoster711
on March 28, 2015 at 10:24 pm

What a damn shame!! Release him ASAP so he and his family can enjoy some time together. He deserves to have human contact and freedom which seems long overdue.